Decision No. 715-AT-A-2005

December 8, 2005

December 8, 2005

IN THE MATTER OF Decision No. 534-AT-A-2004 dated October 6, 2004 – Joseph Dawson vs Air Canada.

File No. U3570/00-82


BACKGROUND

In its Decision No. 534-AT-A-2004 dated October 6, 2004 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Joseph Dawson concerning the handling by Air Canada of his electric wheelchair during transportation from Ottawa, Ontario to St. John's, Newfoundland via Halifax, Nova Scotia on December 8, 2000.

The Agency determined that the disassembly of Mr. Dawson's wheelchair was not an obstacle to his mobility, but the failure by carrier personnel to reassemble Mr. Dawson's wheelchair upon arrival of his flight in St. John's did constitute an undue obstacle to his mobility. The Agency further determined that Air Canada's failure to reassemble Mr. Dawson's wheelchair represented a contravention of subsection 148(4) of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR), which provides in part that where an air carrier accepts for carriage a person's electric wheelchair, it shall unpackage, reassemble and return it to the person promptly on arrival at destination. The Agency also drew Air Canada's attention to the Canadian Transportation Agency Designated Provisions Regulations, SOR/99-244, which designate provisions of the Canada Transportation Act and associated regulations for which a fine may be levied and noted that a contravention of subsection 148(4) of the ATR is designated as a Level 3 infraction which carries a maximum financial penalty of $10,000, but that a first violation would normally be subject to a warning by an Enforcement Officer under the Administrative Monetary Penalty Program.

Pursuant to the Decision, the Agency directed Air Canada to take the following corrective measures within thirty (30) days from the date of the Decision:

  • issue a memorandum to all employees responsible for the handling of mobility aids highlighting the difficulties experienced by persons whose mobility aids are not reassembled and emphasizing the importance of ensuring that wheelchairs are handled and stowed properly and reassembled in a timely fashion, and provide the Agency with a copy of that memorandum within thirty (30) days from the date of the Decision.
  • review with its St. John's employees Air Canada's internal policy with respect to the disassembly and reassembly of mobility aids and the importance of reassembling mobility aids in a timely fashion, and provide the Agency with written confirmation of how and when this was done.
  • submit to the Agency the training module and all material related to the disassembly, handling, stowing and reassembly of wheelchairs.

On November 5, 2004, the Agency received Air Canada's response to the Decision. On December 14, 2004, the Agency received additional submissions from Air Canada in response to the Decision.

On January 6, 2005, Air Canada filed a submission with the Agency wherein it stated its position that all accessible transportation applications before the Agency against Air Canada and its subsidiaries filed or in relation to incidents which occurred on or before April 1, 2003 (hereinafter the affected applications) are extinguished by the Sanction Order issued on August 23, 2004, by Mr. Justice Farley of the Ontario Superior Court of Justice and which governed Air Canada's emergence from bankruptcy protection (hereinafter the Sanction Order).

The affected applications, including this application, were subsequently put on hold as a result of a dispute between the Agency and Air Canada on the scope of the Sanction Order. However, the Agency has determined that it will proceed with its processing/monitoring of the affected applications.

ISSUE

The issue to be addressed is whether the measures taken by Air Canada meet the requirements of the Decision.

ANALYSIS AND FINDINGS

The Agency has reviewed the information filed by Air Canada in response to the Decision.

Air Canada filed a copy of a Ramp Operations Bulletin, Volume 04, Issue 21 dated November 2, 2004, entitled "Awareness – Mobility Aid Handling". This bulletin makes reference to the importance of mobility aids to the independence of persons with disabilities and provides in-depth instructions for the preparation of mobility aids for travel. The bulletin also highlights the fact that extreme care must be taken with mobility aids, that they must be handled as a priority and that they must be returned to the customer immediately upon arrival at his/her destination.

Air Canada confirmed that the appropriate training with respect to the disassembly and reassembly of mobility aids has taken place in St. John's since Mr. Dawson's incident in December 2000. Air Canada subsequently advised that this training took place on July 27, 2001, and that since then all newly hired or transferred employees receive the training as well.

Regarding the training module and all material related to the disassembly, handling, stowing and reassembly of wheelchairs, Air Canada filed a copy of its Ramp Operations Training Publication #70, Chapter 14, which contains special customer handling information common to all aircraft types. Specifically, section 6 of this publication deals with the handling of wheelchairs and other powered mobility aids. Highlights of the provisions of section 6 follow:

General

Wheelchairs checked for carriage must be packed in plastic bags to prevent unnecessary damage. [...]

Remember:

The wheelchair must be given special attention.

The wheelchair must be handled with care.

The wheelchair is often the only way for the customer to move about autonomously.

Materials required for carriage

A complete kit, part number 25-51021-1 KIT, containing the necessary parts to prepare the wheelchair and batteries is available from Purchasing and Supply, Dorval. Each kit contains the following parts: [...]

Wheelchair preparation procedure

[...] If the wheelchair is travelling in an upright position, once the connection between the battery and the control module has been disconnected and removed, the battery and its case should be secured to the wheelchair. [...]

[...] Whenever possible, the command unit should be removed and set down gently on the wheelchair seat, taking care not to pull on the wires. To ensure the command unit does not get damaged, it should be taped to the seat or seat back. [...]

Battery packing procedure

[...] Reassembling the wheelchair is crucial to the customer and should be done carefully. Assessing the type of wheelchair and where the batteries are to be stored on the wheelchair before attempting to reassemble the powered wheelchair will save the employee time and will ensure that the task will be performed effectively. [...]

Handling of wheelchairs and other powered mobility aids

[...] Mobility aids stowed in the bulk loaded area are to be delivered to the aircraft boarding door as soon as possible.

NOTE: It is possible that the customer will request that the mobility aid be delivered to the inbound baggage area. Ensure that delivery is made as soon as possible. [...]

The Agency has considered the measures taken in response to Decision No. 534-AT-A-2004 and is satisfied that they should assist in preventing the recurrence of situations similar to the one experienced by Mr. Dawson.

CONCLUSION

In light of the above, the Agency is satisfied with the measures taken by Air Canada in response to Decision No. 534-AT-A-2004. Accordingly, the Agency does not contemplate any further action in this matter.

Members

  • George Proud
  • Beaton Tulk
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